Part 1
Directions:
Summary
Congress first defined eligibility for citizenship by naturalizationin this law, and limited this important right to “free white persons.” In practice, only white, male property owners could naturalize and acquire the status of citizens, whereas women, nonwhite persons, and indentured servants could not. Access to citizenship would become more expansive over time; although, the racial restriction was not eliminated entirely until 1952. This law produced the legal category of “aliens ineligible for citizenship ” which largely affected Asian immigrants and limited their rights as noncitizens to key realms of life in the United States such as property ownership, representation in courts, public employment, and voting.
Source
United States Congress, “An act to establish an uniform Rule of Naturalization” (March 26, 1790).
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alienbeing a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States . . .
DISCUSSION QUESTIONS
Post your answers to the following questions after also reading Parts 1, 2, and 3 here.
After Congress passed the Nationality Act of 1790, who could become a citizen through naturalization and what did eligible immigrants have to do to gain citizenship rights?
Who would have been excluded from citizenship through naturalization under the Nationality Act of 1790?
How might access or a lack of access to naturalization and citizenshiprights have impacted different immigrant communities over time? Look up how many years later women got the right to vote and own property and the Civil Rights Act took place. Now, consider how owning a house, for example, can increase a family’s wealth and opportunity for inheritance over time ( a 300,000 dollar home requires a minimum of 60,000 dollars in cash to take out a reasonable loan …20% down and the bank loans the rest. Working hourly on minimum wage, it is difficulty to save 60,000 dollars in cash–Many families area able to put that cash payment down through inheritance after a family member dies, the home is either inheritated or sold, providing cash for another purchase. Over time, all the members of the family begin to own property and wealth accumulation and wealth transfer along the security it provides is established. This often takes generations to build if the family was not already royalty (rich to start with). Gollnick and Chinn (2021) talk about the “myth of the meritocracy” and the American attachment to “working hard to get ahead.” (p.16) What is the meritocracy, in this context why do Gollnick and Chinn (2021) call it “the Myth of the Meritocracy” and how did working hard to get ahead allow some to get ahead and some to stay in place? Make connections here to historical legal obstacles and what these laws revealed about American culture. Cite Gollnick and Chinn (2021) accurately using APA citation style.
Part 2
The links available are just a starting point. They are not the only place you should go to research your topic. You will need to go beyond the links to answer the questions. You will need to use the textbook also and find other information on the internet. In the Learning Module on Law and Education are live links to information on each law or court case to get you started.
This is the law I am doing (prop 227 and prop 58)
https://edsource.org/2017/a-new-era-for-bilingual-education-explaining-californias-proposition-58/574852.
research the law you have selected and present a brief summary of the law including this information. Presentation shouldn’t be no more than five to seven minutes.
• What is the law (Define it/state the law or case decision)?
• What was the historical treatment of those who are now being protected by the law or court decision? In general, how were the people (who are now protected) being treated and why?
• What is the story of the law or case? Tell who was wronged or whose rights were violated, or who needed protection and why?
• What is the result/impact on students, teachers, and schooling? What are the implications for educators and classroom practice? Re-visit Chapter 1. Reflect the following American cultural concepts: the meritocracy and egalitarianism, the dominant culture, privilege, marginalization, acculturation, assimilation, cultural identity, cultural relativism, social justice. Consider these concepts are defined. Historically, what groups in America have enjoyed the benefits of these concepts and what groups have not and why? Is it possible to work hard and not get ahead in America? Why? Explain how these concepts maybe understood differently by different groups. How do you explain your upbringing related to these concepts? (cite the text). Always cite articles (using APA in-text citation format, text chapters (author and date), page if you are quoting word-for-word, and videos when appropriate. The point in all discussions is showing that you can analyze and discuss using supportive evidence from the assigned readings.
Prepare a presentation addressing your law. Use APA within your presentation. Write your informed professional opinion. This means you give your opinion only if you can support what you say or explain what you say with references to the theories and concepts from the text and readings.
Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!
Step-by-Step Guide for Completing the “Naturalization Law and Proposition 227/58” Assignment
Part 1: Naturalization and Historical Impact on Immigrant Communities
Step 1: Understand the Background of the Nationality Act of 1790
- Read the Nationality Act of 1790: The law granted free white persons who had resided in the U.S. for two years the right to naturalize and gain citizenship. Women, nonwhite persons, and indentured servants were excluded. The law specifically created the legal category of “aliens ineligible for citizenship,” impacting Asian immigrants and limiting their rights in areas such as property ownership, public employment, and voting.
- Who could become a citizen?
- Only “free white persons” were eligible for naturalization.
- Immigrants needed to have two years of U.S. residence and prove good character before applying for citizenship.
- Who was excluded from citizenship?
- Women: Not able to apply for citizenship independently.
- Nonwhite persons: Excluded, particularly affecting Asian immigrants who could not naturalize.
- Indentured servants: Also excluded from naturalization rights.
Step 2: Answering the Questions
- Impact of access or lack of access to naturalization:
- Immigrant communities faced significant barriers to property ownership, wealth accumulation, and inheritance due to the inability to become citizens. For example, property ownership could lead to generational wealth, but restrictions on who could own property (like Asian immigrants) contributed to lasting economic inequalities.
- Gollnick and Chinn’s “Myth of the Meritocracy”:
- Meritocracy: The belief that anyone can succeed through hard work and talent.
- Gollnick and Chinn argue that this concept is a “myth” because historical barriers, like the Nationality Act of 1790, prevented certain groups from accessing the resources (e.g., property, voting, education) that would allow them to succeed. The law revealed a systemic bias in American culture, privileging white, male, property-owning citizens and marginalizing others.
Step 3: Connect the Historical Legal Obstacles to Present-Day Realities
- Meritocracy in modern society:
- The myth of meritocracy persists, but systemic barriers (like those imposed by the 1790 Act) continue to hinder some communities from achieving success.
- For example, access to homeownership remains difficult for many, especially in low-income communities, and those historically excluded from property ownership (such as Black or Latino families) still face hurdles in accumulating wealth.
- Use Gollnick and Chinn’s ideas:
- Cite Gollnick and Chinn (2021) to support your argument about how historical legal systems affect contemporary access to wealth and opportunity.
- APA Citation Example:
Gollnick, D. M., & Chinn, P. C. (2021). Multicultural education in a pluralistic society (10th ed.). Pearson.
Part 2: Researching Proposition 227 and Proposition 58
Step 1: Research the Laws
- Proposition 227 (1998) was a California ballot initiative that banned bilingual education and mandated English immersion programs in schools. This law restricted language access for non-English speaking students, leading to increased marginalization.
- Proposition 58 (2016) repealed Proposition 227 and allowed schools to offer bilingual education programs again, thus protecting the language rights of students.
Step 2: Address the Questions about the Law
- What is the law (Define it)?
- Proposition 227: Banned bilingual education in California, requiring English immersion.
- Proposition 58: Repealed Proposition 227 and reintroduced bilingual education, protecting students’ rights to learn in their native languages.
- Historical Treatment of those now protected:
- Historically, immigrants and non-English speakers were marginalized by laws like Proposition 227, which prevented them from receiving education in their native languages and contributed to acculturation pressures.
- What is the story of the law?
- Proposition 227 was pushed through amid fears about the integration of non-English-speaking students, often based on racial and cultural biases.
- Proposition 58 was passed in response to these concerns, recognizing the cultural identity and language of immigrant children as important for their educational success.
- Result/Impact on Students, Teachers, and Schooling:
- Proposition 227 hindered many students’ ability to learn effectively, leading to lower academic performance and a sense of cultural alienation.
- Proposition 58 allowed for more inclusive education, empowering students to learn in both their native language and English, promoting better academic success and preserving cultural identity.
Step 3: Reflect on Cultural Concepts
- Meritocracy and Egalitarianism: Historically, immigrant communities were denied access to educational opportunities based on language and cultural barriers.
- Privilege and Marginalization: English-speaking students had more access to educational resources and opportunities, while non-English-speaking students were marginalized and their educational rights limited.
- Social Justice and Acculturation: Proposition 58 represents a move toward social justice by recognizing the importance of acculturation without forcing assimilation, allowing students to retain their cultural identity while learning English.
Step 4: Organize Your Presentation
- Use APA citations in your presentation for any sources referenced (e.g., articles, videos, your textbook).
- Address the concepts of privilege, marginalization, and social justice and tie them to historical and modern laws affecting immigrant communities.
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